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The Value And Strength Of Evidence Of The Testimonium De Auditu Witness In The Case Of Sexual Abuse Of Children Vincentius Patria Setyawan
Gudang Jurnal Multidisiplin Ilmu Vol. 1 No. 6 (2023): GJMI - DESEMBER
Publisher : PT. Gudang Pustaka Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59435/gjmi.v1i6.140

Disclosure of a criminal case in order to find the perpetrator of a criminal act cannot be separated from witness statements as evidence. Witness testimony that is recognized as evidence is only testimony that meets subjective and objective requirements as a witness. In this regard, problems often arise in practice regarding testimonium de auditu witnesses, related to the strength of their evidence before the trial. For certain criminal acts, finding witnesses who saw, heard and experienced the crime is not easy. For example, criminal acts of sexual abuse against children, which are difficult to find because when a criminal act of sexual abuse occurs, at that time there must be only the perpetrator and the victim. The aim of this research is to determine the value and evidentiary strength of the testimony of testimonium de auditu witnesses in the process of proving criminal acts of child molestation. This problem will be answered using normative legal research methods through case studies of Decision Number: 146/Pid.Sus/2020/PN Ktg. The results of the research in writing this article are that the evidentiary value of all evidence, including witnesses, is in the hands of the judge. Judges in determining the value and proof of evidence must pay attention to its suitability with other evidence.

Digitization of Legal Philosophy from a Postmodernism Perspective Hyronimus Rhiti; Vincentius Patria Setyawan
Jurnal Kewarganegaraan Vol 6 No 4 (2022): Desember 2022
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v6i4.4467

Abstract Digitalization in the era of the industrial revolution 4.0 also had an impact on the development of legal philosophy, especially towards postmodernism. The process of digitizing the modern world seems to have become a culture of all aspects of life which includes laws that are constantly developing towards post-modernity (after modernity). This article aims to explore the influence of the digitalization phenomenon on the development of legal philosophy, especially the postmodern school. This article is written using a normative legal research method with a conceptual approach. Data collection was carried out by means of a literature study. The results of the research in this article show that the development of the postmodernism school of legal philosophy produces a new school of "digimodernism" which is constantly developing and always in the process of dialecticization so that tracing the direction of its development requires a journey of thinking in the style of digitalization, breathing virtual but actually happening in legal reality. developed in human civilization. Keywords: Postmodernism, Digitalization, Digimodernism.

Legal Protection for Creditors in Increasing Satisfaction in Credit Agreements with Liens as Collateral: Perlindungan Hukum Bagi Kreditur Dalam Meningkatkan Kepuasan Dalam Perjanjian Kredit Dengan Hak Gadai Sebagai Jaminan Chandera Halim; Vincentius Patria Setyawan
Santhet: (Jurnal Sejarah, Pendidikan Dan Humaniora) Vol 8 No 2 (2024): SANTHET: (JURNAL SEJARAH, PENDIDIKAN DAN HUMANIORA)
Publisher : Proram studi pendidikan Sejarah Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/santhet.v8i2.4547

The economic and business development in Indonesia heavily relies on the role of financial institutions, particularly banks, in providing capital through credit facilities. However, the distribution of credit also faces the risk of default, necessitating an effective legal protection system for creditors. This research aims to analyze the legal protection for creditors in credit agreements that utilize mortgage rights as collateral under Indonesian positive law, identify the issues that hinder its implementation, and formulate solutions to strengthen legal protection in order to enhance creditor confidence. This study employs a normative legal research method with conceptual and statutory approaches, focusing on an in-depth analysis of creditor protection in credit agreements with mortgage rights through the examination of legal principles, legal systematics, and relevant regulations. Data is collected through literature study, while data analysis is conducted using qualitative methods with a deductive approach, which includes stages of identification, interpretation, consistency analysis, and synthesis to identify legal gaps and formulate recommendations for improving legal protection for creditors. The research findings reveal that legal protection for creditors in credit agreements with mortgage rights in Indonesia faces several obstacles, including inefficient execution processes, limited collateral objects, uncertainty in collateral valuation, low capacity of registration institutions, and a lack of legal awareness among the public. To address these challenges, proposed solutions include optimizing the execution process, expanding the types of collateral objects, establishing clear valuation guidelines, enhancing the capacity of the National Land Agency, providing legal education to the public, improving existing regulations, increasing inter-agency coordination, and strengthening oversight and law enforcement. With these measures in place, it is expected that creditor confidence will improve, the investment climate will enhance, and economic growth will be promoted while maintaining a balance of interests among all parties.

Exploring Restorative Justice in Domestic Violence Cases Widiartana, Gregorius; Vincentius Patria Setyawan; Ariesta Wibisono Anditya
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.87

The Indonesian government has actively developed restorative justice policies for criminal cases through various laws and regulations; however, their implementation in domestic violence cases remains limited due to the predominance of a retributive mindset among law enforcement officials. In contrast, Malaysia has adopted restorative approaches to address domestic violence through community-based and victim-centered interventions. This research seeks to formulate comprehensive arguments supporting the implementation of restorative justice in domestic violence cases by analyzing relevant legal provisions, doctrinal foundations, and theoretical perspectives, while incorporating a comparative analysis of the Malaysian model. The comparative legal study between Indonesia and Malaysia is particularly significant within the broader framework of legal globalization, ASEAN regional integration, and bilateral cooperation in the fields of law and governance. Both countries, which share an Islamic cultural foundation and a colonial legal heritage, offer compelling contexts for examining the adaptation of restorative justice principles in plural legal systems. In Malaysia, Islamic law regulates various domains of social life, especially in matters of civil and family law, including marriage, divorce, inheritance, and waqf, shaping the socio-legal environment within which domestic violence is addressed. The findings indicate that Indonesia has initiated the application of restorative justice in certain domestic violence cases through mechanisms such as community mediation and police-facilitated reconciliation, though these practices remain inconsistent and are often influenced by patriarchal cultural norms. Conversely, Malaysia maintains a more formal and legalistic approach, with minimal formal recognition of restorative justice within its domestic violence legislation. The study concludes that restorative justice possesses substantial potential as a complementary framework to formal legal remedies, provided that its implementation ensures the protection of victims’ rights, prevents coercion, and upholds fundamental principles of justice, gender equality, and human dignity.

The Importance of Protecting E-Commerce Consumer Personal Data Itok Dwi Kurniawan; Vincentius Patria Setyawan
IJOLARES: Indonesian Journal of Law Research Vol. 2 No. 2 (2024): IJOLARES : Indonesian Journal of Law Research
Publisher : CV Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/ijolares.v2i2.66

Technological advances offer various conveniences in human daily activities in order to meet their needs. One of the daily human activities that has changed due to the presence of technology is online buying and selling through e-commerce media. Shopping with e-commerce is people's choice because it saves time and costs. However, behind this convenience, attention needs to be paid to the security of consumer data on e-commerce platforms. This article will discuss the importance of protecting personal data from e-commerce consumers. This article was written using a normative type research method with a statutory approach and a conceptual approach. The legal materials used in this research are primary legal materials and secondary legal materials. The technique of collecting legal materials in this research uses literature studies (library research). The legal problem analysis technique used in this research is deductive analysis technique. The results of this research are that personal data security is very necessary in shopping activities in e-commerce, because it is related to consumer satisfaction. When consumers feel safe and are not wary of shopping on e-commerce, they will make shopping on e-commerce a priority compared to shopping conventionally.

Analysis of Providing Protection to Children Who Are Victims of Sexual Violence Vincentius Patria Setyawan
ARIMA : Jurnal Sosial Dan Humaniora Vol. 1 No. 3 (2024): Februari
Publisher : Publikasi Inspirasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62017/arima.v1i3.923

A crime that has been occurring recently and is a matter of concern is sexual violence. It is even more worrying because the majority of those who are victims of sexual violence are children. Children as the nation's next generation should receive protection in the process of their growth and development to become a superior generation. In this regard, it is important to analyze the regulations for providing protection for children who are victims of sexual violence. This research uses normative legal research methods with a conceptual approach. The results of this research are that the forms of legal protection that children who are victims of sexual violence need are legal assistance, rehabilitation, health services and social security in accordance with their physical, mental, spiritual and social needs. The obstacles that occur in providing protection to child victims of sexual violence can be classified as structural obstacles, substance obstacles, cultural obstacles, and infrastructure obstacles.

Digitization of Legal Philosophy from a Postmodernism Perspective Hyronimus Rhiti; Vincentius Patria Setyawan
Jurnal Kewarganegaraan Vol 6 No 4 (2022): Desember 2022
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v6i4.4467

Abstract Digitalization in the era of the industrial revolution 4.0 also had an impact on the development of legal philosophy, especially towards postmodernism. The process of digitizing the modern world seems to have become a culture of all aspects of life which includes laws that are constantly developing towards post-modernity (after modernity). This article aims to explore the influence of the digitalization phenomenon on the development of legal philosophy, especially the postmodern school. This article is written using a normative legal research method with a conceptual approach. Data collection was carried out by means of a literature study. The results of the research in this article show that the development of the postmodernism school of legal philosophy produces a new school of "digimodernism" which is constantly developing and always in the process of dialecticization so that tracing the direction of its development requires a journey of thinking in the style of digitalization, breathing virtual but actually happening in legal reality. developed in human civilization. Keywords: Postmodernism, Digitalization, Digimodernism.

Legal Protection of Geographical Indications and the Realization of Community Welfare Vincentius Patria Setyawan
Jurnal Kewarganegaraan Vol 8 No 1 (2024): Juni 2024
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v8i1.6454

Abstract Indonesia has a strategic geographical location, namely located between 2 (two) continents and 2 (two) oceans. The implication of Indonesia's strategic location geographically is that Indonesia has natural riches that are characterized by unique biodiversity, which is not found in any other country in the world. The advantages of Indonesia's natural wealth must be protected, in order to provide benefits, especially for the welfare of society. This article will discuss the protection of geographical indications as part of intellectual property rights to natural resources which should be utilized as much as possible for the welfare of society. This article was written using a type of normative legal research with a conceptual approach. The results of this research are that protection of geographical indications is protection of the economic rights of local communities in order to achieve community welfare. Keywords: legal protection, geographical indications, community welfare.

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